HomeMy WebLinkAboutT-2829 - Agreement/Covenant - 6/22/2006 V
SUBDIVi:.)iON AGREEMENT
THIS AGREEMENT is made this l�o day of ,
19:, by and between the City of Fresno, a Municipal
Corporation , hereinafter designated and called the "City" ,
and Clarice Roberts, Donald C. Roberts and Darlene- M. Roberts
_ 5163 N . West Avenue Fresno, California 93711
(Address of Subdivider)
hereinafter designated and called the "Subdivider" ,
RECITALS
1. The Subdivider has presented to the City a certain
• final map of a proposed subdivision of land located within
the corporate limits of the City , and known and descrthed as
"Corona Tierra No . 2" - Tract No. 2621 _
a copy of which map is attached to and made a part of ;.his
a,, reemert , and Shcd Subdivider has requested the City to
accept + „3 dedications delineated and shown on said map for
the use and purposes specified thereon , and to otherwise
approve said map in order that the same may be recorded, as
requires: by law.
2 . The City requires, as a condition precendent co the
ac•ceptatice and approval of said map, the dedication of such
streets , highways and public places and easements as ate
delineated and shown on said map , and deems the same as
necessary for the public use , and also requires that any and
all streets delineated and shown on said map shall be improved
by the construction and the installation of the improvements
hereinafter specified.
3. Section 12-1012 of the Municipal Code of the City
of Fresno requires the Subdivider to enter into this agreement
with the City whereby Subdivider agrees to do , perform and
comple► e l:he work and matters hereinafter in the agreement
mention,: ! and set Horth in detail , .within the time hereinafter
mentions- , in consideration of the acceptance of the offers
of dedication by the City of Fr;sno .
+ AG.10-: NT
In consideration of the acceptance of the offers of
dedication of the streets , highways , public ways , easements
and facilities as shown and delineated on said map , and the
approval of said map for filing and recording as provided
and required by law, it is mutually agreed and understood
by and between the Subdivider and the City, and the Sub-
divider and the City do hereby mutually agree as follows :
4 . The Subdivider shall perform the work and improve-
ments hereinafter specified on or before December 31
19 79 to the satisfaction of the Director of Public Works
of the City.
• 5. The work and improvements, more specifically shown
on the attached plans and. made a part hereof , shall be done
in accordance with the construction standards contained in
the City of Fresno Standard Specifications adapted March 5 ,
1970 by Resolution No. 70-36 , and as amended at the sole
cost and expense of the Subdivider including all costs of
engineering, inspection and testing as specified in Item 12 .
6 . The work and improvements are as follows :
a. Construct all landmarks, monuments and lot corners .
required to locate land divisions shown on the
Final Map.
b. All utility systems shall be installed underground.
The Subdivider 's attention is directed to the
installation of street lights in accordance with
Section 12-1011 (I ) , the Subdivider shall construct
a complete underground street light system as
approved by the Traffic Engineer prior to final
acceptance of the subdivision. Height, type,
spacing, etc. , of standards and luminaries shall be
in accordance with Resolution No. 68-187 and as
approved by the City Traffic Engineer.
C . Water main extensions and services shall be pro-
vided in accordance with applicable provisions
of Chapter 14 , Article 1 of the Fresno Municipal
Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be
provided in accordance with applicable provisions
of Chapter 9 , Article 5 of the Fresno Municipal
Code and all applicable fees and charges shall be
paid. ,
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e. Lot drainage shall be in accordance with Section
13-120. 2905 (f) of the Fresno Municipal Code.
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. M The Subdivider has deposited with the City the sum of
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$ 76, 220 . 21 for the following :
InspectionFees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20 , 977 . 66
Temporary Drainage Basin Maintenance Fee . . . . . . . . . . . . . . . . . . . . . . . . .$ 2 , 000 . 00
Intersection Signing, 12 @ $70 . 00 Each. . . . . . . . . . . . . . . . . . . . . . . . . . $ 840 . 00
Traffic Regulatory Signing, 6 @ $35 . 00 Each. . . . . . . . . . . . . . . . . . . . . .$ 210 . 00
Street Trees, 131 @ $10 . 00 Each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1 , 310 . 00
Sewer Trench Water Compaction Charge , 11 , 900 C.Y. @ $ 0 .04 . . . . . . . $ 476 .00
UGM Fire Station Fee , 46 . 3618 A.C. @ $502 . 00 . . . . . . . . . . . . . . . . . . . . . $23 , 273 .62
Sanitary Sewer Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 ,091 . 93
Oversize Fee , 60 . 35 A.C. @ $ 180 .00. . . . . . . . . . . $ 10 , 863 . 00
Plan Review Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 548 . 93
Major Facilities Fee (To be Paid at Time of
Development) . . . . . . . . . . . . $
Sub-total $ 11 ,411 . 93
Oversize Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 , 320 . 00
Total Sewer Fees $ 1,091 . 93
WaterCharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $48 ,672 .2`_.
"Wet-Tie" Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 ,900 . 00
Fire Hydrant Charge , 1 , 532 ,600 S.F. @ $ .0075 . . $ 11 , 494 . 50
Water Const. Charge, 81 bots @ $1 . 25 . . . . . . . . . . $ 101 . 25
Trans. Grid Main Charge, 60 . 35 AC @ $375 . 00 . . . $ 22 , 631 . 25
Plan Review Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 380 . 50
UGM Well Dev . Charge, 60 . 35 AC @ $185 . 00 . . . . . . $ 11 ,164 .75
Total Water Charges $ 48 , 672 . 25
Water Credits/Reimbursement
a. Transmission Grid Main
Total Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24 , 321 .60
Present Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22 ,631 . 25 ($22 ,6.31 .25=
Sub-total $ 1 ,690 . 35
Reimbursement Due Upon
Completion of Water System
Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 690 . 35
B. Fire Hydrant Reimbursement (Future)
10 Ea @ $300 . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31000 . 00
(g) Any temporary storm water retention basins constructed or
enlarged to serve this Tract shall be fenced in accordance with
City Standards within seven (7) days from the time said basins
become operational , or as directed by the Engineer.
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(h) Perform and construct all work shown on the attached plans,
(Drawing No. s 10-C-3478 through 10-C-3488 and 15-C-3746
'. through 15-C-3759) .
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7 . Subdivider has paid to the City of Fresno, in accordance
with Article 13 , Chapter 13 of 1-ho Fresno Municipal Code, the required
fee to defray the costs of constructing planned local drainage
facilities for the removal of surface and storm waters from the
subdivision.
7a. The Subdivider agrees to allocate the below described
property for use as temporary facilities to alleviate the flooding
•and drainage problem anticipated to be caused by this subdivision
and its improvements until such time as the City, through its Public
Works Director , releases in writing such property from such use :
All of Lot No. 5 as shown on the tentative map, and;
That portion of Lots 1260 and 1261 of Bullard Lands Irrigated
Subdivision No . 8 recorded in Book 8 of Plats at Page 46 ,
Fresno County Records, more particularly described as follows :
BEGINNING at the Southwest corner of said Lot 1260;
thence S 000 19 ' 10" E, along the West line of said Lot 1260 ,
a distance of 150 . 00 feet; thence N 890 12" 43" E, parallel
with and 150 . 00 feet South of the North line of said Lot 1261,
a distance of 250 . 00 feet ; .thence N 000 19 ' 10" W, parallel
with and 250 .00 feet East of the West line of said Lots 1260
and 1261 , a distance of 229 . 80 feet; thence Southwest along
a non-tangent curve to the right, concave to the Northwest,
a radius of 240 . 00 feet, a radial bearing N 48° 54 ' 50" W,
a central angle of 480 07 ' 33" , and an arc lenqth of 201 . 59
feet to a point on the North line of said Lot 1261; thence
S 890 12 ' 43" W, along the North line of said Lot 1261 , a
distance of 71 .95 feet to the point of BEGINNING.
The Subdivider shall improve such facilities Pursuant to City
approved construction plans and, upon completion of such improvements ,
the City is permitted to enter such lot (s) and shall maintain such
facilities until such written release is issued.
The Subdivider shall not commence any backfilling operation
of the temporary facilities unless the Public Works Director so
authorizes in writing . The Subdivider agrees that the City may deny
issuance of any building permit relating to such lot (s) until the
City issues its written release.
No written relearse shall issue unless the City Engineer is
satisfied that all temporary facilities have been backfilled and
compacted properly and all temporary drainage structures, such as
inlets, outlets , pipes, and similar structures , have been plugged,
removed, and disposec�. of in accordance with the Standard Specifica-
tions of the City.
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8 . It is agreed that the City shall inspect all work.
All of the work and improvements and materials shall be done,
performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of the
City Engineer of the City and the Standard Specifications of
the City, which said plans and specifications and standards are
'hereby referred to and adopted and made a part of this agreement.
In case there are not any standard specifications of the City for
any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of .
the State of California, Division of Highways . All of said work
and improvements and materials shall be done, performed and
installed under the supervision of and to the satisfaction of the
City Engineer of the City.
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9 . Prior to the approval by the Council of the City of said
final map the Subdivider shall :
(a. ) In lieu of any bond or bonds otherwise required,
deposit with Safeco Title Company
_,___ a responsible escrow agent ,
the sum of One Million One Hundred Twenty-Eight Thousand Four
Hundred
Dollars ($ 1,128 , 400 . 00 ) (which sum is equal to 155
percent of the total estimated cost of the work and improvement)
to insure the faithful performance. of this agreement and to
• secure payment to all contractors and subcontractors performing
work on said improvement and all persons renting equipment or
furnishing labor or materials to them, all as specified in that
certain document entitled "Escrow Instructions" executed by
the parties hereto and said escrow agent and hereby made a
part of this agreement . In accordance with the Fresno Municipal
Code , an additional amount of five percent of the total
estimated cost of the improvement or act to be performed
shall be included to cover the costs and reasonable expenses
and fees including reasonable attorneys' fees which may be
incurred by the City in successfully enforcing the obligation
secured.
(b. )• On acceptance of the required work , warranty
security shall be furnished to or retained by the City, in
the amount of Nine Thousand One Hundred Forty Dollars
($9 ,140 .00) , for guarantee and warranty of the work for a
period of one year following acceptance against any defective
work or labor done or defective materials furnished. In
accordance with Section 12-1016 of the Fresno Municipal Code,
said warranty security shall be in the form of cash or a
certificate of deposit.
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10. The City shall not be liable to the Subdivider or to
any other person , firm or corporation ,whatsoever, for any
injury or damage that may result to any persons or property
by or from any cause whatsoever in , on or about the subdivision of
said land covered by this agreement, or any part thereof.
The Subdivider hereby releases and agrees to indemnify
and save the City harmless from and against any and all injuries
to and deaths of persons , and all claims, demands , costs , loss,
damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be
done in and upon the street rights of way in said subdivision and
•upon the premises adjacent thereto pursuant to this agreement, and
also from all injuries to and deaths of persons , and all claims,
demands , costs , loss, damage and liability, howsoever same may be
caused, either directly or indirectly made or suffered by the Sub-
divider, the Subdividers agents , employees and subcontractors,
while engaged in the performance of said work.
The Subdivider agrees that the use for any purpose and by
any person of any and all of the streets and improvements
hereinbefore specified, shall be at the sole and exclusive risk
of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and
therein.
No occupancy permit shall be issued until an approved
"all weather" street frontage and access is constructed. The
issuance of any occupancy permits by the City for dwellings
located within said subdivision shall not be construed in any
manner to constitute an acceptance and approval of any or all of
the streets and improvements in said subdivision.
11 . The Subdivider and his subcontractors shall pay for any
materials, provisions, and other supplies used in, upon, for, or
about the performance of the work contracted to be done, and for
any work or labor thereon of any kind, and for amounts due under
the Unemployment Insurance Act of the State of California, with
respect to such work or labor, as required by Section 3247 of the
Civil Code and shall file with the City pursuant to Section 3800 of
the Labor Code, a certificate of workers ' compensation and shall
maintain a valid policy of workers ' compensation insurance for the
duration of the period of cons, ruction .
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• 12 . initial compaction and soil lot- street , sewer,
and other work within the public right- of way shall be ordered
by and paid for by the City of Fresno. Sewer and utility
trench tests shall be in varying locations and depths
as required by the Engineer. Compaction tests failing to meet
the City ' s requirements, shall be reordered by the City of
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Fresno from the same testing laboratory . fulling for the re-
quired retests shall be made directly to the ;subdivider or his
agent for payment . Compaction test for water facilities in-
stalled by the City of Fresno shall be paid for by the City
of Fresno.
13 . The Subdivider shall comply with Street, Plumbing,
Building , Electrical , Zoning Codes and any other Codes of the
City.
14 . It shall be the responsibility of the Subidivder to
coordinate all work done by his contractors arra] subcontractors ,
such as scheduling the sequence of operations and the deter-
mination of liability if one operation delays Another. In
no case shall representatives of the City of Fresno be placed
in the position of making decisions that are ( lie responsibility
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of the Subdivider. It shall further be Hie r-osponsibility of
the Subdivider to give the Engineer written n, ,fice not less
than two (2) working days in advance of' the actual date on
which work is to be started. Failure on the Dart of the Sub-
divider to notify the Engineer may cause delay for which the
Subdivider shall be solely responsible..
15 . Whenever the Subdivider varies the period during
which work is carried on each day , he shall (jure due notice
to the Engineer so that proper inspection may be provided. '
Any work done in the absence of the Engineer will be subject
to rejection . The inspection of the work shal. ] not relieve
the Subdivider of any of his obligations to fulfill the agreement
as prescribed. Defective work shall be rnade Mood , and un-
suitable materials may be rejected, notwithstanding the fact
that such defective work and unsuitable matrr:ials have been
previously overlooked by the Engineer or lnspcctor and accepted.
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Any damage . to the sewer system, concrete work or street
paving that occurs after installation shall be made good to
the satisfaction of the City Engineer by the subdivider
before release of bond, or final acceptance of completed work.
16. Adequate- dust control shall be maintained by the
Subdivider on all streets within and without the subdivision
on which work is required to be done under this agreement, from
the time work is first commenced in the subdivision until the
paving of the streets is completed . "Adequate dust control" ,
as used herein , shall mean the sprinkling of the streets with
4water, or the laying of a dust coat of oil thereon, with suffi-
cient frequency to prevent the scattering of dust,, by wind or
the activity of vehicles and equipment, on to any street area
or private property adjacent to the subdivision. Whenever, in
the opinion of the City Engineer, adequate dust control is not
being maintained on any street or streets as required by this
paragraph, the City Engineer shall give notice to the Sub-
divider to comply with the provisions of this paragraph forth-
with. Such notice may be personally served upon the Sub-
divider , or , if the Subdivider is not an individual , upon any
person who has signed this agreement on behalf of the Sub-
divider , or, at the election of the City Engineer , such notice
may be mailed to the Subdivider at his address on file with the
City Engineer. • If , within 24 hours after such personal service
of such notice or within 48 hours after the mailing thereof
as herein provided, the Subdivider shall not have commenced
to maintain adequate dust control or shall at any time there-
after fail to maintain adequate dust control , the City Engineer
may , without further notice of any kind, cause any such street
or streets to be sprinkled or oiled, as he may deem advisable
to eliminate the scattering of dust, by equipment and personnel
of the City or by cgntract as the City Engineer shall determine ,
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and the Subdivider agrees to pay to City, forthwith upon receipt
of billing therefore , the entire cost to the City of such
sprinkling or oiling . When the surfacing on any existing
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sLreet is di.,Lul-bed , Lhi:; ';Uri L Ily shaa .1 I,(_! 1-1�1)1-tied with
temporary or permanent surfacing within 14 calendar days and
Lhe roadway shall be maintained in a safe aild passable con-
clition at all times between the commencement and final com-
pletion and adequate dust control shall be maintained during
these operations .
17 . The Subdivider shall install all street: improvements
in accordance with Section 12-1012 of this Municipal Code of
the City of Fresno and the construction plans .
18 . Concrete curbs and gutters , the-_ san.i.t.ary sewer system
,and house connections together with waLer mains , gas mains and
Lheir respective service connections shall. be completed in
Lhu streets and alleys before starting l:hl.! strcuL and alley
surfacing .
19. Time is of the essence of this agreement , and the
same shall bind and inure to the benefit (.)I- Lho parties hereto,
their successors and assigns .
The parties have executed this agreement. n the day and
year first above written.
CITY OF Fid"ISNo aI f11, ici-pal Corporation
ATTEST: Dy
P 1i:c r . l i c,t r
CITY
I^.a a
hal-¢-I'•�..- s--���:L/ I.-' `�'' _
71
Approve ' as to Form:
Spence Thomas JCity t or ey
By SUBDIVIDLR
STATE OF CALIFORNIA
COUNTY OF__Fx'eSTlO } SS.
• o„ _DQcember 14 ,_1977 _ before me,
4 _..
ythe undersigned, a Notary Public in and for said County and State,
personally appeared CLARICE ROBERTS ,___ FOR NOTARY SEAL OR STAMP
DON C. RO_B_ERTS and DARLENE
M. ROBERTS r _
_ known to me ♦♦••��••••��•••••••••••••••••♦
f • OFFICIAL SEAL •
to be the p4rsofPS--whose name S aY'e subscribed to the • "" •
• Cheryl-E. DeBenedetto •
within instrument and �knledged than the+executed the ra a.Fk Y NOTARY PUBLIC•CALIFORNIA ♦ T
m `{ PRINCIPAL OFFICE IN
FRESNO COUNTY ♦ T
6A� • My Commission Expires December 1, 1979
Cheryl E DeBenedettoi
o Name (Typed or Printed) I
;� Notary Public in and for said County and State